FLORIDA: PHOSPHATE MINING INJUNCTION-U.S. CORPS OF ENGINEERS SNUBS EPA & NATIONAL ENVIRONMENTAL
- by: s sureck AnimalACTionUSA
- recipient: U.S.CORPS of Engineers issues permits decimating to preserving habitat wetlands
WHEN? Mosaic must comply with the law! Now!
FOR IMMEDIATE RELEASE Contact Percy Angelo at
medintzm@yahoo.com
Preliminary Injunction Issued for South Ft. Meade Phosphate Mine Extension
Sierra Club, Florida
On July 8, 2011 Judge Henry Adams of the U.S. District Court in Jacksonville, Florida issued a preliminary injunction against all phosphate mining at the Mosaic Company South Fort Meade Extension site in Hardee County Florida. Judge Adams held that the plaintiffs had shown a likelihood of success on the merits of their claims that U.S. Corps of Engineers permit for the mining violated the Clean Water Act, the National Environmental Policy Act (NEPA) and the Administrative Procedure Act. The permit would allow the destruction of 537 acres of wetlands and more than 10 miles of streams in the headwaters of the Peace River, a federally designated Aquatic Resource of National Importance that has been decimated by phosphate mining over the past few decades. In the latest round of this long-running litigation, Mosaic sought to mine 700 acres of what it called Cuplands within its more than 10,000 acre site, while waiting on the judges ruling. However, the judge stopped that because he found that these areas were covered by the permit and, based on Mosaics own evidence, that mining those areas would cause harm to wetlands in and around the uplands site. The judge also noted that although Mosaic has had approximately a year to do so since this lawsuit began, it had chosen not to fix its permit with the Corps of Engineers to comply with the law.
Click here: Contacting the Congress: A Citizen's Congressional Directory
Click here: Judge blocks Mosaic mining plan | StarTribune.com
Click here: Analysis: Florida phosphate mine closure would damage Mosaic | Reuters
Click here: REFILE-UPDATE 1-Mosaic shares plunge after mine closure warning | Reuters
Commenting on the result, Bev Griffiths, chair of the Sierra Club Florida phosphate committee said, The court has recognized that the Corps of Engineers review of this project was deeply flawed and needs to be re-done in order to protect these wetlands, streams and water flows that are crucial to wildlife and human populations. Such destruction should not occur without full compliance with environmental protections.
Plaintiffs are a group of environmental and community groups: Sierra Club, ManaSota-88 and Citizens for Protecting Peace River (3PR). Plaintiffs originally brought their lawsuit in June 2010, obtaining a temporary restraining order and preliminary injunction. Mosaic and the USCOE appealed that order to the 11th Circuit Court of Appeals which vacated and remanded that injunction because the judge had prematurely issued a final order. When the case went back to Judge Adams, plaintiffs then renewed their request for preliminary injunction including a request that it include mining in the 700 acres Mosaic calls C Area While Mosaic claimed that Area 2 was almost solely uplands, and didnt need a permit, the plaintiffs pointed out that Area 2 contained wetlands and mining the area is inconsistent with the Corps permit and had never been considered by the Corps. The preliminary injunction issued July 8, 2011, addresses the entire mine site, including Area 2.
Plaintiffs brought the legal challenge because the Corps had issued the permit over objections by the U.S. Environmental Protection Agency, failed to comply with the Clean Water Act by not limiting the mine to the least damaging alternative and not holding public hearings, and by not preparing an environmental impact statement (EIS) for the project as required by the National Environmental Policy Act. Plaintiffs are seeking more effective protections for site wetlands and streams, including the Peace River and its tributaries, which discharge to the Charlotte Harbor estuary.
Plaintiffs and Mosaic previously agreed to a partial settlement of the litigation to allow mining by Mosaic of 200 acre Phase I on the northern end of the property. In return Mosaic agreed to protect an additional 40 acres, including 14 acres of high quality wetlands and bayhead swamps. The mining of Phase I ended in June, 2011.
Submitted by Beverly Griffiths bevgriffiths@verizon.net.
Click here: Contacting the Congress: A Citizen's Congressional Directory
Dear Friends: I encourage all of us to get involved with the law-making process. Our petitions are valuable & useful, but the muscle of all proposals resides in the law. Please sign the petition to stop this destruction to wetlands and habitat. U.S. Corps of engineers allows the perpetrators to avoid hands-on responsibility and questions of conscience.
PLEASE HELP TO PRESERVE FLORIDA'S WETLANDS!
Environmental studies must be demanded. After signing the petition research your State as to what that policy & practice is; and if you don't like what your State is doing, TAKE ACTION! CONTACT YOUR STATE REPRESENTATIVE! TAKE ACTION!Thanking you,
Click here: AnimalActionUSA - Home
Sign PetitionSign PetitionWHEN all the trees have been cut down,WHEN all the laws to protect the vital wetlands and habitat are ignored for profit, WHEN all the animals have been slaughtered & hunted, WHEN all the birds are gone & have stopped singing, WHEN all the waters are polluted, WHEN all the whales, sharks & fish are gone, WHEN all the air is unsafe to breathe, WHEN all the rivers & oceans are contaminated from oil spills, WHEN the polar bears are gone, WHEN all the mountains have been drilled & flattened, WHEN all our foodstuffs become unsafe to eat riddled with pesticides, WHEN we have failed to protect although warned of our endangered species, WHEN all the laws to protect animals from abuse & cruelty have failed, WHEN the elephants, tigers & rhinos are gone; look to our own imminent demise. WHEN?
Injunction Issued Against Mosaic's S. Ft. Meade Mine Mosaic Mining Co must comply with the law!
Posted: 11 Jul 2011 10:10 AM PDT
PRESS RELEASEFOR IMMEDIATE RELEASE Contact Percy Angelo at
medintzm@yahoo.com
Preliminary Injunction Issued for South Ft. Meade Phosphate Mine Extension
Sierra Club, Florida
On July 8, 2011 Judge Henry Adams of the U.S. District Court in Jacksonville, Florida issued a preliminary injunction against all phosphate mining at the Mosaic Company South Fort Meade Extension site in Hardee County Florida. Judge Adams held that the plaintiffs had shown a likelihood of success on the merits of their claims that U.S. Corps of Engineers permit for the mining violated the Clean Water Act, the National Environmental Policy Act (NEPA) and the Administrative Procedure Act. The permit would allow the destruction of 537 acres of wetlands and more than 10 miles of streams in the headwaters of the Peace River, a federally designated Aquatic Resource of National Importance that has been decimated by phosphate mining over the past few decades. In the latest round of this long-running litigation, Mosaic sought to mine 700 acres of what it called Cuplands within its more than 10,000 acre site, while waiting on the judges ruling. However, the judge stopped that because he found that these areas were covered by the permit and, based on Mosaics own evidence, that mining those areas would cause harm to wetlands in and around the uplands site. The judge also noted that although Mosaic has had approximately a year to do so since this lawsuit began, it had chosen not to fix its permit with the Corps of Engineers to comply with the law.
Click here: Contacting the Congress: A Citizen's Congressional Directory
Click here: Judge blocks Mosaic mining plan | StarTribune.com
Click here: Analysis: Florida phosphate mine closure would damage Mosaic | Reuters
Click here: REFILE-UPDATE 1-Mosaic shares plunge after mine closure warning | Reuters
Commenting on the result, Bev Griffiths, chair of the Sierra Club Florida phosphate committee said, The court has recognized that the Corps of Engineers review of this project was deeply flawed and needs to be re-done in order to protect these wetlands, streams and water flows that are crucial to wildlife and human populations. Such destruction should not occur without full compliance with environmental protections.
Plaintiffs are a group of environmental and community groups: Sierra Club, ManaSota-88 and Citizens for Protecting Peace River (3PR). Plaintiffs originally brought their lawsuit in June 2010, obtaining a temporary restraining order and preliminary injunction. Mosaic and the USCOE appealed that order to the 11th Circuit Court of Appeals which vacated and remanded that injunction because the judge had prematurely issued a final order. When the case went back to Judge Adams, plaintiffs then renewed their request for preliminary injunction including a request that it include mining in the 700 acres Mosaic calls C Area While Mosaic claimed that Area 2 was almost solely uplands, and didnt need a permit, the plaintiffs pointed out that Area 2 contained wetlands and mining the area is inconsistent with the Corps permit and had never been considered by the Corps. The preliminary injunction issued July 8, 2011, addresses the entire mine site, including Area 2.
Plaintiffs brought the legal challenge because the Corps had issued the permit over objections by the U.S. Environmental Protection Agency, failed to comply with the Clean Water Act by not limiting the mine to the least damaging alternative and not holding public hearings, and by not preparing an environmental impact statement (EIS) for the project as required by the National Environmental Policy Act. Plaintiffs are seeking more effective protections for site wetlands and streams, including the Peace River and its tributaries, which discharge to the Charlotte Harbor estuary.
Plaintiffs and Mosaic previously agreed to a partial settlement of the litigation to allow mining by Mosaic of 200 acre Phase I on the northern end of the property. In return Mosaic agreed to protect an additional 40 acres, including 14 acres of high quality wetlands and bayhead swamps. The mining of Phase I ended in June, 2011.
Submitted by Beverly Griffiths bevgriffiths@verizon.net.
Click here: Contacting the Congress: A Citizen's Congressional Directory
Dear Friends: I encourage all of us to get involved with the law-making process. Our petitions are valuable & useful, but the muscle of all proposals resides in the law. Please sign the petition to stop this destruction to wetlands and habitat. U.S. Corps of engineers allows the perpetrators to avoid hands-on responsibility and questions of conscience.
PLEASE HELP TO PRESERVE FLORIDA'S WETLANDS!
Environmental studies must be demanded. After signing the petition research your State as to what that policy & practice is; and if you don't like what your State is doing, TAKE ACTION! CONTACT YOUR STATE REPRESENTATIVE! TAKE ACTION!Thanking you,
Click here: AnimalActionUSA - Home
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